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Stalking Laws Related Questions

Stalking is the act of unwanted attention by a person toward another individual. The behavior of a stalker is usually accompanied by harassment and intimidation of the victim and usually involves the stalker monitoring the victim in an obsessive manner. There are different forms of stalking. Cyber stalking is stalking by the use of electronic devices and internet while off line stalking involves following and harassment in a more physical form. Take a look at the stalking questions below that have been answered by Experts.

In Oregon, how do I file an order of protection for stalking against someone who lives in another state? The woman won't stop emailing me? She is now threatening to come into town and come to my house even though I told her to never contact me again.

Oregon law makes it possible for a person to get a restraining order on another person who has caused fear for that individuals safety, even if you are not personally afraid of the person. This can also be done if members of your family are fearful of the person. If the person is just being irritating, you probably wouldn't be able to get a restraining order against her. If you file for a restraining order, that person will have a hearing, which means that she could use the court date as an excuse to see you.

There are a couple of options to avoid this person. First, see if there is any way to direct all of her emails to a separate folder. This would keep you from having to see them. Don't delete them; you may need them for evidence at a later date.

Also, if this person is making threats via email, she is in violation of federal law. 18 U.S.C., Section 875(c). Violation of that statute is punishable by up to 5 years imprisonment. Repeated, unwanted contact that serves no legitimate purpose can also be prosecuted under 47 U.S.C. 223. If you want to file a complaint against this person for her actions, you can contact the US Attorney's Office and they can assist you with filing the complaint.

Oregon also has stalking laws. If the person's actions are causing alarm, harassment or concern, then she is violating Oregon's stalking law. This allows you the option of filing criminal charges against her. If this goes to court, she will have to come to Oregon for court, but only if it makes it to trial. Even if it does go to trial, you wouldn't have to speak to her directly; you would however be in the same court room with her. Another option would be to send her a certified letter telling her that if she continues to harass you, you are going to press criminal charges.

I think my ex-husband is stalking me. How do I know for sure? If he is, what do I do about it? I live in California.

Both criminal and civil laws address stalking in California. According to the criminal laws, a stalker is someone who willfully, maliciously and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety. The victim does not have to prove that the stalker had the intent to carry out the threat. (California Penal Code 646.9, www.leginfo.ca.gov)

A person who is convicted of stalking can go to prison for up to a year and/or pay a fine of $1,000. If a stalker continues to pursue the same person after a restraining order has been put into place, the penalty can be more severe. The jail time will usually range from 2-4 years.

Usually, you can request that the California Department of Corrections notify you or a family member when the stalker is due to be released. Generally the notice is given 15 days before the person is released and you can be notified by mail or phone. The California Penal Code 646.9 reads: The victim, family member or witness must keep these departments notified of their most current mailing address and telephone number. The information relating to persons who receive notice must be kept confidential and not released to the convicted stalker. (California Penal Code 646.92) The court may order a person convicted of felony stalking to register with local law enforcement officials within 14 days of moving to a city and/or county. (California Penal Code 646.9)

If you are being stalked, it is possible to bring a civil action against the stalker. There is more information on this in Civil Code 1708.7 for the elements and remedies of the Tort of stalking.)

You should probably file a restraining order and continue from there. A restraining order may be all it takes to end the behavior. If the restraining order doesn't appear to help the situation, you need to contact your local police department and an attorney.

Being stalked can render a person with feelings of despair and vulnerability. There are laws that protect you from this type of crime and you can put a stop to the harassment. If you have questions about stalking or find yourself in a stalking situation, you should ask an Expert for assistance.

Published on: July 20, 2013

Recent Stalking Questions

Ok middle son Brandon been a nightmare 28 years old , 2006 calls me and tells me he is going to cut up my daughters and put them in body bags . Call the number back 50 times over 2 days , someone answers college roommate and says its Brandon phone, laterBrandon admits it . We rarely communicate ever again. 2013 he is put in jail for a year for breaking in some girls apartment , later stalking her parents, then violating a restraining order , then tells off judge and prosecutor Indiana. 1 year in jail , probationperiod ends April 10th 2015. Fast Forward....Dec 2014 my mom ( his grandmother) dying with cancer , him and his brothers swarming from Indiana , Wisconsin , calling worrying about their inheritance . Poor grandma we love her so much..... She passes Jan 2015, courts note inheritance to myself and my two brothers ( the grandsons are upset) My fathers trust also activates on my mothers death. So over next 45 days trust will pay from dad, moms estate will take time as usual. SO my oldest son mentions to Brandonthe crazy one , Im struggling paying bills which I have been , had heart issues etc.....cant work much. Brandon starts emailing what a low life I am , worthless father etc...... finally I respond to him and tell him to leave me alone or I will contact hisprobation officer. He emails me this back .. Brandons email to me: Keith, Her number is ***-***-**** and her name is***** office hours are between 8:00-4:30 on Monday. Since you don't work I'm sure you won't have troubles connecting with her. By theway, would you mind sending me your updated address so I can let Mr. Woodward know where the court may issue you a summons with respect to our civil tort we intend to file this year. Given your history, I don't believe Mr. Woodward and I should have any problemsgetting a judge to grant us a pre-writ judgment of attachment against any potential inheritance that you may receive from grandma's estate while the case is waiting disposition. Please let me know. Thanks Brandon So my questions are can him and his cousinattorney file some bogus suit in Indiana and tie up the estate ? He is saying I made up the cut my daughters up and body bags , while I have made it known in the family never went public with it....everyone thinks hes crazy But thats his defamation of character, would never make that up , was horrified when it happened. If so, should I file a defamation suit against him in NC and establish venue here vs Indiana with the cousin and his court buddies , I can hold the law suit pending 30 days or 60 days to see whathappens with him , if one shows up from Indiana , I could produce the NC as filed first. ? Venue. This whole thing is about him and his brothers getting into the inheritance . Whats best recourse to protect this inheritance , or is he blowing a lot of hotair and not to worry? The trusts will pay out and leave me to deal with him and his BS...

I had a fender bender. I gave the individual my insurance info. He was taking his time writing the info down. I took back my insurance info and verbally gave him my home address which he refuse to write down. I left because I felt he had every thing he needed to contact my agent. He said I was leaving the seen of an accident and was calling the police. Ten minutes later I saw he was still there so I thought I better go back and explain myself to the police. I received a citation for full time attention while driving. Next day I called him and ask where I could take pic of his car. he said not available. I did curse him out but never threaten him. A week later I went to his apartment and took some pictures. He came outside and said I was breaking the law for taking pics and invasion of privacy. We had some more words and we both left. he also mentioned he had filed a police report on me. This was a Sunday and Monday was a holiday, but Tuesday morning two deputies gave me a emergency order of protection and filed for a restraining order. I called an attorney form advice. He said he could help with the traffic ticket for $100.00 and the total was $379.00 for the fine and his fee. Needless to say I was upset because this guy and me agreed to exchange information, which we did and he still called the police costing me $379.00. The attorney said the restraining order was a big deal and I should let him represent me. Cost $500.00. So My attorney and I were in the courtroom waiting for my case. After all cases were heard my attorney asked the judge about my case. Finally an individual came in and said they had me as a no show and the case was dismissed and I had to pay court cost. The judge said she saw me in her court room all morning and waived the court costs. So, after all this my question is, can I take him to small claims for a frivolous restraining order? I saw this guy twice and talk on the phone once. He stated I threaten to harm him physically and he was afraid of me and I was stalking him. He filed a police report saying I was going to harm him. I'm a 57 year old disabled veteran and he is a twenty-one year old PFC in the Army. Do you think I can recover my attorney's fee? thank you so very much if you actually read all of this.

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